HomeMy WebLinkAboutencroachment.awning.planter Block 80 Lots G,H,I 1987 BGOK
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.545 PAGE707
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ENCROACHMENT AGREEMENT m rtln. C
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This agreement made and entered into this 7th day of
August , 1987 ;, by and between the CITY OF ASPEN, Pitkin County,
Coloradohereinaftgr referred to as "Aspen" and
E`lli ' s (Heidi O'Leary Houston, owner)
hereinafter referred to as "Licensee. "
WHEREAS, Licensee is the owner of the following described
property located in the City of Aspen, Pitkin County, Colorado:
Lot -G,H, I, Block 80
City of Aspen, Pitkin County, Colorado
WHEREAS, said property abuts the following described public.
right-of-way(s) :
Mill Street, Main Street, alley of Block 80
WHEREAS, Licensee desires to encroach upon said right-of
way(s)
with the same historical encroachments, retractable awnings, planter
boxes on the windows, exterior lighting, concrete steps, parapet and
overhang. Also with an irrigation system for the trees and a subgrade
footing 10 ' underground along all frontages.
WHEREAS, Aspen agrees to the grant of a private license of
encroachment as built subject to certain conditions.
THEREFORE, in consideration of the mutual agreement herein-
after contained, Aspen and Licensee covenant and agree as
follows:
1. A private revocable license is hereby granted to Licensee
to occupy, maintain and utilize the above described portion of
public right-of-way for the sole purpose described.
2. This license is granted for a perpetual term subject to
being terminated at any time and for any reason at the sole
discretion of the City Council of the City of Aspen.
3. This license shall be subordinate to the right of Aspen
to use said area for any public purposes.
4. Licensee is responsible. for the maintenance and repair of
the public right-of-way, together with improvements constructed
therein, which Aspen, in the exercise of its discretion, shall
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4 45 r0ffl
determine to be necessary to keep they same in a safe and clean
condition.
5. Licensee shall at all times during the term hereof, carry
public liability insurance for the benefit of the City with
limits of not less than those specified by Section 24-10-114,-
C.R.S. , as may be amended from time to time, naming the City as
co-insured. Licensee shall maintain said coverage in full force
and effect during the term of this License and shall furnish the
City with a copy of such coverage or a certificate evidencing
such coverage. All insurance policies maintained pursuant to
this agreement shall contain the following endorsement:
'It is hereby understood and agreed that this insurance
policy may not be cancelled by the surety until thirty (30)
days after receipt by the City, by registered mail, of a
written notice of such intention to cancel or not to renew. '
6. Licensee shall save, defend and hold harmless against any
and all claims for damages, costs and expenses, to persons or
property that may arise out of, or be occasioned by the use,
occupancy and maintenance of said property by Licensee, or from
any act or omission of any representative, agent, customer and/or
employee of Licensee.
7 . This license may be terminated by Licensee at any time
and for any reason on thirty (30) days written notice of Licen-
see' s intent to cancel. This license may be terminated by Aspen
at any time and for any reason by resolution duly passed by the
City Council of the City of Aspen. Upon termination Licensee
shall, at Licensee ' s expense, remove any improvements or en-
croachments from said property. The property shall be restored
to a condition satisfactory to Aspen.
8 . This license is subject to all state laws, the provisions
of the Charter of .the City of Aspen as it now exists or may
hereafter be amended, and the ordinances of the City of Aspen now
in effect or those which may hereafter be adopted.
9 . Nothing herein shall be construed so as to prevent Aspen
from granting such additional licenses or property interests in
or affecting said property as it deems necessary.
10. The conditions hereof imposed on the granted license of
encroachment shall constitute covenants running with the land,
and binding upon Licensee, their heirs, successors and assigns.
11 . In any legal action to enforce the provisions of this
Agreement, the prevailing party shall be entitled to its reason-
able attorney's fees.
12 . If the structure for which this license was issued is
removed for any reason, Licensee may not rebuild in the same
location without obtaining another encroachment license.
mw 545 PzsE 0
IN WITNESS WHEREOF, the parties executed this agreement at
Aspen the day and year first written.
CITY OF ASPEN, COLORADO
B
BILL STIRLING, M or
ATT�M A
is
KA XOCH, City Clerk
CanAm Aspen Developments a
! Colorado General Partnership
3 +�� a`°� by Houston & Houston Investments Inc .
as aging G ra Partne
By
` President L censee
STATE OF COLORADO )
SS.
County of Pitkin )
The foregoing instrument was acknowledged before me this
yh day ofZs+ by2«l,- fkws{ ,
Licensee.
WITNESS ND OFFICIAL SEAL.
My co on e s:
SHERI L
� VEIL �®
J►� ,r�0 Notary Public
FG 2(0 5 6r-f1"'e . . ,1
A 2-¢✓, CO 9((0( 2-
Address
(Co(ZAddress
To: Mayor and Council
Thru: Robert S. Anderson, Jr. , City Manager
From: Elyse Elliott, Engineering Department
Date: June 2, 1987
Re: Encroachment License for Elli ' s of Aspen
Elli' s Summary: E s is requesting r uestin an Encroachment License for five
items, Council may chose any or all of the items.
Discussion: Elli ' s of Aspen, located on the southwest corner of
Main and Mill streets, is undergoing a remodel and an expansion.
they are requesting an Encroachment License for these five items:
1. Five raised planters along the Mill Street sidewalk.
2. A planter on the Main Street sidewalk that extends over their
property line by 1 '6".
3. An irrigation system on both sidewalks.
4. Historical encroachments on the building .such as awnings,
planter boxes, exterior lighting, concrete steps, parapet and
overhang.
5. Subgrade footings, these would be 10 ' below grade and extend
along the alley and the Main and Mill streets' frontages.
A diagram depicting the proposed encroachments is enclosed.
Recommendation: A compilation of City departments and CCLC is:
1. Raised Planters - these should not be permitted because they
inhibit pedestrian flow and make snow removal more difficult.
The CCLC recommends that tree grates be used in place of raised
planters.
2 . Large Planter on Main Street - The CCLC view this as being
beneficial to Elli 's in that it draws pedestrians into the store
and saw no reason why it had to be placed on City property.
Planning and Parks want the planter to hold two trees instead of
three.
3. Irrigation System - this would insure that the plants on the
right-of-way are watered and should be allowed.
4 . Historical Encroachments - these are no problem as long as
the applicant maintains the same area and does not increase the
encroachment size. The present awnings are retractable and the
Building Department recommends that they remain retractable.
5 . Subgrade footings - the utility companies and the City
Electric Department do not object to this.
Proposed Motion: I move to grant an Encroachment License to
Elli' s of Aspen for items (with
these provisions )
City Manager Recommendations: C, t4e• !��/
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